COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-03-309-CV

IN RE CLIFFORD ROY FLEMING                                                 RELATORS

AND JAMANS TRUCKING

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ORIGINAL PROCEEDING

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MEMORANDUM OPINION

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        The court has considered relator's petition for writ of mandamus and motion for emergency stay and is of the opinion that relief should be denied. Accordingly, relator's petition for writ of mandamus and motion for emergency stay are denied.

        Relator shall pay all costs of this original proceeding, for which let execution issue.

                                                                  PER CURIAM

PANEL B:   LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

DELIVERED: October 24, 2003